TaxTMI 
TaxTMI 
2022 (9) TMI 1492
X X X X Extracts X X X X
X X X X Extracts X X X X
....Chits and Money Circulation Schemes (Banning) Act, 1978 r/w 120-B of IPC against one M/s. QuestNet Enterprises India Private Limited. This case was transferred from the file of K-1, Sembiam Police Station to CB CID by the orders of the Director General of Police, Tamil Nadu, dated 22.05.2008. Since there were several FIRs pending against the said company all over Tamil Nadu, they were all clubbed together in Crime No. 454 of 2008 and the CB CID conducted a comprehensive investigation and filed a charge sheet in C.C. No. 3876 of 2009 on 21.10.2009 in the court of the learned II Metropolitan Magistrate, Egmore, Chennai, for the aforesaid offences as against 25 accused including M/s. QuestNet Enterprises India Private Limited (A1). Since the police case disclosed the commission of a scheduled offence under Prevention of Money Laundering Act, the Enforcement Directorate, registered a case in ECIR/CEZO/11/2016 (KCM) under the Prevention of Money Laundering Act, 2022 and after completing the investigation filed a complaint in C.C. No. 07 of 2018 in the Special Court for PMLA Cases (Principal Sessions Court), Chennai, against 12 accused, including 6 entities. While so, the accused in C.C.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....fficers in the State of Tamil Nadu, before whom the complaints against the petitioners were made and such police officers shall extend the required assistance. c) The venue, date and place of disbursement shall be fixed at the discretion of the Hon'ble Settlement Commissioner. d) It is open to the Hon'ble Settlement Commissioner to cast wide publicity with the help of the CBCID, Metro Wing, Chennai in all leading newspapers in the State of Tamilnadu, television channels as well as other media with regard to the adjudication/disbursement. e) The initial tenure of the Hon'ble Settlement Commissioner shall be fixed for a period of six months from the date of this order. f) The principal seat of the Commission shall be at Chennai and the required place, infrastructure, staff and all other amenities shall be provided to him by the CBCID, Chennai and similar facilities shall also be extended to the Hon'ble Commissioner in all other Districts where the Hon'ble Commissioner seeks, by the concerned Superintendent of Police of such Districts. It would be open to the Hon'ble Commissioner to seek for providing venues where adjudicatio....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... to take a view that the impugned criminal case could be quashed for the following two reasons: (i) Firstly, the amount due to 141 unwilling victims have been secured in the deposits of the petitioners' bank accounts which have already been freezed. (ii) In an identical case, in T.R. Patchamujithu @ Parivendhar vs. State of Additional Deputy Commissioner of Police and others [Special Leave to Appeal (Crl.) No. 7295 of 2017 dated 22.09.2017], the Hon'ble Apex Court thought it fit to quash the FIR by directing the Commissioner to adjudicate claims made by the victims from the accused therein. Brief facts of that case are as follows: (a) When a criminal complaint came to be registered against the accused therein on the ground that the admission fees paid for various medical courses was neither returned nor were seats allotted to candidates, petition to quash the FIR was filed by the accused with an offer to repay the amount. I had appointed a retired Chief Justice of Jammu and Kashmir High Court as Settlement Commissioner for the purpose of disbursing the amount to 136 claimants. However, since all the complainants had not offered to render 'No O....
X X X X Extracts X X X X
X X X X Extracts X X X X
....majority of the claimants, the criminal proceedings could be quashed by this ground also. 14. Before parting with a case, this Court places its appreciation to the significant and enormous task rendered by both the Hon'ble Settlement Commissioners in facilitating disbursement of the amounts to the majority of the legitimate claimants. 15. For all the foregoing reasons, the impugned C.C. No. 3876 of 2009 now pending on the file of the Special Magistrate at Allikulam Road, Chennai, is quashed. Crl. O.P. No. 30144 of 2019 thus stands allowed. The prayer sought for in Crl. O.P. No. 24461 of 2016 has become infructuous, since the Advocate/Settlement Commissioner has also already been appointed and thus, Crl. O.P. No. 24461 of 2016 stands closed. Consequently, connected Miscellaneous Petitions are closed." 4. Challenging the prosecution in C.C. No. 07 of 2018 that has been filed by the Enforcement Directorate, all the 12 accused therein have filed the present quash petition. 5. Heard Mr. P. Ramesh Kumar, learned counsel for the petitioners/accused and Mr. S. Sasikumar, learned Special Public Prosecutor (ED cases) for the respondent/complainant. 6. The learn....